[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Notices]
[Pages 17435-17438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07072]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Final Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') published the 
Preliminary Results of the 11th administrative review of the 
antidumping duty order on certain frozen fish fillets (``fish 
fillets'') from the Socialist Republic of Vietnam (``Vietnam'') on 
September 14, 2015.\1\ We gave interested parties an opportunity to 
comment on the Preliminary Results. Based upon our analysis of the 
comments and information received, we made changes to the margin 
calculations for these final results. The final dumping margins are 
listed below in the ``Final Results of the Administrative Review'' 
section of this notice. The period of review (``POR'') is August 1, 
2013, through July 31, 2014.
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    \1\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Preliminary Results and Partial Rescission of the 
Antidumping Duty Administrative Review; 2013-2014, 80 FR 55092 
(September 14, 2015) (``Preliminary Results'') and accompanying 
Preliminary Decision Memorandum (``Preliminary Decision Memo'').

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DATES: Effective March 29, 2016.

FOR FURTHER INFORMATION CONTACT: Paul Walker or Javier Barrientos, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-0413 
or 202-482-2243, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on September 14, 
2015.\2\ The Department conducted a verification of Thuan An Production 
Trading and Service Co., Ltd. (``Tafishco'') and its tollers between 
September 21, 2015, through October 6, 2015.\3\ The Department also 
conducted a verification of the Hung Vuong Group\4\ (``HVG'') between 
November 10, 2015, through November 24, 2015.\5\ On January 11, 2016, 
the Department extended the deadline for the final results to March 14, 
2016.\6\ As explained in the memorandum from the Acting Assistant 
Secretary for Enforcement and Compliance, the Department has exercised 
its discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government.\7\ All deadlines in this segment of 
the proceeding have been extended by four business days. The revised 
deadline for the final results of this administrative review is now 
March 18, 2016. Between February 11 and February 22, 2016, interested 
parties submitted case and rebuttal briefs. On March 3, 2016, the 
Department held a closed hearing and a public hearing limited to issues 
raised in the case and rebuttal briefs.
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    \2\ See Preliminary Results.
    \3\ See Memorandum to the File, from Jerry Huang, International 
Trade Analyst, Office V, and Javier Barrientos, International Trade 
Analyst, Office V, ``Verification of the Sales and Factors of 
Production Responses of Thuan An Production Trading and Service Co., 
Ltd. in the 2013-2014 Administrative Review of Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam,'' dated February 2, 
2016.
    \4\ The Hung Vuong Group includes: An Giang Fisheries Import & 
Export Joint Stock Company, Asia Pangasius Company Limited (``Asia 
Pangasius''), Europe Joint Stock Company, Hung Vuong Joint Stock 
Company, Hung Vuong Mascato Company Limited, Hung Vuong--Vinh Long 
Co., Ltd., and Hung Vuong--Sa Dec Co., Ltd. See Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Final Results of the 
Antidumping Duty Administrative Review and New Shipper Review; 2011-
2012, 79 FR 19053 (April 7, 2014) and accompanying Issues and 
Decision Memorandum at 3.
    \5\ See Memorandum to the File, from Javier Barrientos, 
International Trade Analyst, Office V, and Kenneth Hawkins, 
International Trade Analyst, Office V, ``Verification of the Sales 
and Factors of Production Responses of Agifish and HVG in the 2013-
2014 Administrative Review of Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam,'' dated February 5, 2016.
    \6\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
through James C. Doyle, Director, Office V, Antidumping and 
Countervailing Duty Operations from Jerry Huang, International Trade 
Analyst, Office V, Antidumping and Countervailing Duty Operations, 
``Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated January 11, 2016.
    \7\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, ``Tolling of Administrative Deadlines 
As a Result of the Government Closure During Snowstorm Jonas,'' 
dated January 27, 2016.
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Scope of the Order

    The product covered by the order is frozen fish fillets, including 
regular, shank, and strip fillets and portions thereof, whether or not 
breaded or marinated, of the species Pangasius Bocourti, Pangasius 
Hypophthalmus (also known as Pangasius Pangasius) and Pangasius 
Micronemus. These products are classifiable under tariff article code 
0304.62.0020 (Frozen Fish Fillets of the species Pangasius, including 
basa and tra), and may enter under tariff article codes 0305.59.0000, 
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100 
and 1604.19.8100 of the Harmonized Tariff Schedule of the United States 
(``HTSUS'').\8\ Although

[[Page 17436]]

the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.\9\
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    \8\ Until June 30, 2004 these products were classifiable under 
HTSUS 0304.20.6030, 0304.20.6096, 0304.20.6043 and 0304.20.6057. 
From July 1, 2004 until December 31, 2006 these products were 
classifiable under HTSUS 0304.20.6033. From January 1, 2007 until 
December 31, 2011 these products were classifiable under HTSUS 
0304.29.6033. On March 2, 2011 the Department added two HTSUS 
numbers at the request of U.S. Customs and Border Protection 
(``CBP'') that the subject merchandise may enter under: 1604.19.2000 
and 1604 19.3000, which were changed to 1604.19.2100 and 
1604.19.3100 on January 1, 2012. On January 1, 2012 the Department 
added the following HTSUS numbers at the request of CBP: 
0304.62.0020, 0305.59.0000, 1604.19.4100, 1604.19.5100, 1604.19.6100 
and 1604.19.8100.
    \9\ For a complete description of the scope of the order, see 
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Certain Frozen 
Fish Fillets from the Socialist Republic of Vietnam: Issues and 
Decision Memorandum for the Final Results of the 11th Antidumping 
Duty Administrative Review; 2013-2014,'' at 2-3 (``Issues and 
Decision Memorandum''), dated concurrently with and hereby adopted 
by this notice.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the Issues and Decision Memorandum. A list 
of the issues which parties raised is attached to this notice as an 
appendix. The Issues and Decision Memorandum is a public document and 
is on file in the Central Records Unit (``CRU''), Room B8024 of the 
main Department of Commerce building, as well as electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``ACCESS''). ACCESS is available 
to registered users at http://access.trade.gov and in the CRU. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we revised the 
margin calculations for HVG and Tafishco. The Surrogate Values Memo 
contains further explanation of our changes to the surrogate values 
selected for HVG's and Tafishco's factors of production.\10\
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    \10\ See Memorandum to the File, through Paul Walker, Program 
Manager, from Javier Barrientos, Case Analyst, ``Eleventh 
Administrative Review of Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Surrogate Values for the Final 
Results,'' dated concurrently with this notice.
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Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that An Giang Agriculture and Food Import-Export Joint Stock Company, 
Asia Commerce Fisheries Joint Stock Company, Binh An Seafood Joint 
Stock Company, Dai Thanh Seafoods Company Limited, Fatifish Company 
Limited, Golden Quality Seafood Corporation, Hiep Thanh Seafood Joint 
Stock Company, Hoa Phat Seafood Import-Export and Processing JSC, Ngoc 
Ha Co., Ltd. Food Processing and Trading, Quang Minh Seafood Company, 
Limited, QVD Food Company (``QVD''),\11\ Ltd., Saigon-Mekong Fishery 
Co., Ltd., Southern Fisheries Industries Company, Ltd., TG Fishery 
Holdings Corporation, and To Chau Joint Stock Company (collectively 
``No Shipment Companies'') did not have any reviewable transactions 
during the POR.\12\ Consistent with the Department's refinement to its 
assessment practice in non-market economy (``NME'') cases, we completed 
the review with respect to the above-named companies.\13\ Based on the 
certifications submitted by No Shipment Companies, we continue to 
determine that these companies did not have any reviewable transactions 
during the POR. As noted in the ``Assessment Rates'' section below, the 
Department intends to issue appropriate instructions to CBP for the 
above-named companies based on the final results of the review.
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    \11\ This rate is also applicable to QVD Dong Thap Food Co., 
Ltd. (``QVD Dong Thap'') and Thuan Hung Co., Ltd. (``Thufico''). In 
the second review of this order, the Department found QVD, QVD Dong 
Thap and Thufico to be a single entity and, because there have been 
no changes to this determination since that administrative review, 
we continue to find these companies to be part of a single entity. 
See Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Preliminary Results of Antidumping Duty Administrative 
Review, 71 FR 53387 (September 11, 2006).
    \12\ See Preliminary Results, 80 FR at 55093.
    \13\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
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Vietnam-Wide Entity

    We noted in the Preliminary Results that a review was requested, 
but not rescinded, for Asia Pangasius, Nam Phuong Seafood Co., Ltd. 
(``Nam Phuong''), NTACO Corporation (``NTACO''), Thien Ma Seafood Co., 
Ltd. (``Thien Ma''), and Thufico.\14\ As noted below, and consistent 
with Comment VII of the Issues and Decision Memorandum, the Department 
is rescinding this review with respect to NTACO and Nam Phuong. 
Consistent with Comment IV of the Issues and Decision Memorandum, the 
Department finds that Asia Pangasius is a part of HVG, and is eligible 
for a separate rate. Consistent with Comment V of the Issues and 
Decision Memorandum, and as noted above, the Department finds that 
Thufico is a part of QVD, and made no shipments during the POR. As a 
result of these decisions, we no longer find that Asia Pangasius, Nam 
Phuong, NTACO and Thufico are a part of the Vietnam-wide entity.
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    \14\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 58729 (September 30, 2014); 
Preliminary Results, 80 FR at 55093.
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    Consistent with Comment III of the Issues and Decision Memorandum, 
we find that two of Tafishco's uncooperative tollers are a part of the 
Vietnam-wide entity. Consistent with Comment VI of the Issues and 
Decision Memorandum, we find that Caseamex is not entitled to a 
separate rate. Moreover, Thien Ma did not submit completed a separate 
rate application or certification. Accordingly, for the final results, 
the Department finds that Tafishco's uncooperative tollers, Caseamex, 
and Thien Ma are a part of the Vietnam-wide entity.

Partial Rescission of Administrative Review

    In accordance with 19 CFR 351.214(j), and in accordance with our 
decision in Comment VII of the Issues and Decision Memorandum, the 
Department is rescinding this review with respect to NTACO and Nam 
Phuong.

Final Results of the Review

    The dumping margins for the final results of this administrative 
review are as follows:
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    \15\ In the third administrative review of this order, the 
Department determined that it would calculate per-unit assessment 
and cash deposit rates for all future reviews. See Certain Frozen 
Fish Fillets from the Socialist Republic of Vietnam: Final Results 
of Antidumping Duty Administrative Review and Partial Rescission, 73 
FR 15479 (March 24, 2008).

------------------------------------------------------------------------
                                                      Weighted- average
                      Exporter                        margin  (dollars/
                                                        kilogram) \15\
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Hung Vuong Group...................................                 0.41
Thuan An Production Trading and Services Co., Ltd..                 0.97
Basa Joint Stock Company...........................                 0.69

[[Page 17437]]

 
Cadovimex II Seafood Import-Export and Processing                   0.69
 Joint Stock Company...............................
Cafatex Corporation................................                 0.69
C.P. Vietnam Corporation...........................                 0.69
Cuu Long Fish Joint Stock Company..................                 0.69
East Sea Seafoods LLC..............................                 0.69
GODACO Seafood Joint Stock Company.................                 0.69
Green Farms Seafood Joint Stock Company............                 0.69
Hoang Long Seafood Processing Company Limited......                 0.69
Nam Viet Corporation...............................                 0.69
NTSF Seafoods Joint Stock Company..................                 0.69
Seafood Joint Stock Company No. 4--Branch Dong Tam                  0.69
 Fisheries Processing Company......................
Viet Phu Foods and Fish Corporation................                 0.69
Vinh Quang Fisheries Joint-Stock Company...........                 0.69
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Disclosure

    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice, in accordance with section 351.224(b) of the Department's 
regulations.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of this administrative review.
    For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. We 
will continue to direct CBP to assess importer specific assessment 
rates based on the resulting per-unit (i.e., per kg) rates by the 
weight in kgs of each entry of the subject merchandise during the POR. 
Specifically, we calculated importer specific duty assessment rates on 
a per-unit rate basis by dividing the total dumping margins (calculated 
as the difference between normal value and export price, or constructed 
export price) for each importer by the total sales quantity of subject 
merchandise sold to that importer during the POR. If an importer (or 
customer)-specific assessment rate is de minimis (i.e., less than 0.50 
percent), the Department will instruct CBP to assess that importer (or 
customer's) entries of subject merchandise without regard to 
antidumping duties, in accordance with 19 CFR 351.106(c)(2).
    The Department determines that No Shipment Companies did not have 
any reviewable transactions during the POR. As a result, any suspended 
entries that entered under these exporter's case numbers (i.e., at that 
exporter's rate) will be liquidated at the Vietnam-wide rate.\16\
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    \16\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also 
Preliminary Decision Memo at 4-5.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be the rate established in the 
final results of review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, a zero cash deposit rate will be required 
for that company); (2) for previously investigated or reviewed 
Vietnamese and non-Vietnamese exporters not listed above that have 
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all 
Vietnamese exporters of subject merchandise which have not been found 
to be entitled to a separate rate, the cash deposit rate will be the 
Vietnam-wide rate of $2.39 per kg; and (4) for all non-Vietnamese 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the 
Vietnamese exporters that supplied that non-Vietnamese exporter. The 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing these administrative reviews and 
notice in accordance with sections 751(a)(l) and 777(i) of the Act.

     Dated: March 18, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum

Comment I Application of Facts Available to HVG and Tafishco
Comment II Application of Facts Available to HVG's Farming Factors
Comment III Application of Adverse Facts Available to Certain 
Tafishco's Tollers
Comment IV Assignment of Vietnam-wide Rate to Asia Pangasius and HVG
Comment V Assignment of Vietnam-wide Rate to QVD Food Company Ltd.
Comment VI Assignment of Vietnam-wide Rate to Can Tho Import-Export 
Joint Stock Company

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Comment VII Rescission of Review with Respect to NTACO Corporation 
and Nam Phuong Seafood Company Ltd.
Comment VIII Combination Rates
Comment IX Surrogate Value for Fish Feed
Comment X Surrogate Value for Fingerlings
Comment XI Surrogate Value for Water
Comment XII Application of Marine Insurance
Comment XIII Packing
    A. Packing Type Should Not be a Physical Characteristic
    B. Tafishco's Packing Materials Factors of Production Usage 
Rates
    C. Surrogate Value for Strap
    D. Surrogate Value for Tape
Comment XIV By-Products
    A. Whether to Value Certain By-products
    B. Surrogate Value for Fish Waste
Comment XV Customs Instructions
[FR Doc. 2016-07072 Filed 3-28-16; 8:45 am]
 BILLING CODE 3510-DS-P